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Results of civil procedure code s 11 injunction

Showing : 11-20 of 133 Results

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Injunction suit without seeking quashment of notice issued by defendant Nos.1 and 2 - May be a defect or lacunae in a suit, but they are not so fundamental so as to warrant nibbing of suit in bud - Application rightly dismissed...........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Injunction suit - Averments in plaint clearly brings to fore not only cause of action but also threat perception of plaintiff that electricity and water connection would be disconnected - It cannot be discerned that suit in question is frivolous or does not show any..........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Injunction suit restraining defendants from disconnecting electric and water supply - Contention that suit is barred as plaintiff had an efficacious remedy of appearing before concerned authority - Contention rejected, as apart from fact that relief of injunction cannot be granted by any other authority..........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 151, Order 11, Rule 12, 14 -- Production of documents - Suit for possession, mesne profits and permanent injunction on the basis of gift deed executed in favour of plaintiff by her mother - Documents regarding bank statement and details of cheque pertaining to payment in question was sought by plaintiff - Payment in question establishing..........

CHHATTISGARH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier suit for partition of ancestral property was filed by sister of plaintiff against plaintiff and their father - Sister of plaintiff got equal share in said suit - Said findings attained finality being not challenged - Argument that said property is self acquired property is not sustainable when the issue is..........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 151, Order 11, Rule 12, 14, Civil Procedure Code, 1908, Order zzz39, Rule 1, 2 -- Application U.O.11.Rr.12, 14 r/w S.151 CPC - Can be moved in proceedings relating to temporary injunction as proceedings for temporary injunction are part of the main proceedings...........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for mandatory injunction - Objection regarding maintainability of suit being barred by law was raised by defendant - Court below not examined the issue raised by defendant while discussing relevant provision invoked by him in the backdrop of subject matter of suit - Though Court is not expected to..........

KARNATAKA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 34 -- Rejection of plaint - Suit for declaration and permanent injunction that sale deed executed by defendant Nos.1 to 6 in favour of defendant No.7 is not binding on plaintiff and restraining defendants from alienating or encumbering or creating third party rights - Plaintiff in possession..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 11 -- Res judicata - Issue regarding whether parties are co-owners/co-sharers or not is decided against plaintiffs in previous suit for permanent injunction - In previous judgment as well as in present litigation, there is proceedings for partition of property before competent authority and Court recorded finding in previous judgment..........

KERALA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 11 -- Res judicata - Findings made in interlocutory applications like application for temporary injunction will not operate as res judicata in deciding issues at the stage of final disposal of a suit...........

Showing : 11-20 of 133 Results